BARRELL'S PELLETS MISFIRED

NZ Truth, Issue 1227, 6 June 1929, Page 8

BARRELL'S PELLETS MISFIRED

"Shots " of Parent Aimed At Teacher Failed To (From U HZ. Truth's ''Special Auckland Representative) — ' ' s . When next the chairman of the Motukaraka School Committee wants to write to the Auckland Education Board complaining of the behavior of a teacher, he will no doubt take some time to consider the wording- of the letter, for he paid dearly for certain remarks made to the Board about Laurence Topping Donaldson, the headmaster. , His allegation that the headmaster had interfered with his two children m an improper manner cost Leonard Barrell, the school committee chairman, £150 m damages to Donaldson alone. ~ 1 ' — ■•■ ' ■—'

WHEN the headmaster was made acquainted with what Barrell had written about him .to the Board, he demanded an apology, but apparently the chairman was not prepared to meet him m that way, and Donaldson brought him before a judge and jury to clear his name and, incidentally, to obtain £500 damages. Hardly oil such dimensions to earn the name of village, the little township Of . Motllknraka, near Rawene, WUK shocked when it became Known that war was being waged by two o£ its leading citizens. Besides holding the . position of school committee chairman, Barrell also presides over the local dairy factory m the capacity of manager, and Donaldson has been connected with the local school for over eight years. There seems to have been some unrest m the district for a considerable time, and petty, smalltown rumors have formed the foundation for it, according to the story told to the jury. A. married mail with three children, Donaldson has held his present position at the Motukaraka school-s ince he returned from the war, and until Hostile Attitude April of last year Mr. George Harding was chairman of the school committee. Donaldson claims that from the time Barrell arrived m the district a breeze blew over the calm waters of education m the little township, and when the dairy factory manager was made chairman of the committee a storm raged where previously all had been smooth going. Barrell adopted a thinly-veiled attitude of hostility towards him, Donaldson alleged. . The /factory manager was exceedingly touchy about his own children, said the schoolmaster. In 1923, said Donaldson, one. of Barren's children brought a message from Barrell to him, requesting that he cane a neighbor's child. The master, however, thinking that he was capable of running the school without the dairy manager's interference, refused to punish the pupil, and this brought a further outcry from Barrell. L,ater the tables were turned, for the headmaster, no doubt thinking he had good reason, introduced one of Ban-ell's children to punishment which Barrell had previously suggested for another man's child, and again the dairy manager took umbrage. By what Donaldson's counsel, Mr. A. H Johnstone, told the court, apparently it was open warfare between the schoolteacher and the dairy manager of Motukaraka. "Barrell tried to have Donaldson removed from the school-commit-tee meetings, at which it was the custom for him to be present, and violent altercations took place between thehi at a meeting of the Settlers' Association. . . . The Chairman had to intervene," Mr. Johnstone alleged. Donaldson later expelled a girl from the school because she had become unHeard Rumors manageable, and when another girl left the headmaster began to hear rumors, continued Mr. Johnstone. It was then that the people m the district began to talk of Donaldson and his alleged behavior towards the girls at the school. . ' "Donaldson heard rumors that these I girls left because of his improper con- ' duct towards them, and he wrote to their parents demanding .that the tales should be stopped," Mr; Johnstone informed the jury. Police and detectives then made an investigation into the rumors, but they were unable to, unearth anything to substantiate the tales that were going around Motukaraka about the headmaster.. According to what Donaldson's counsel told the jury, it was when the Education Board appointed two men to inquire into the alleged happenings m the township— four years after Barrell's girls had left the school — that the dairy manager wrote to the board complaining that the headmaster had been behaving improperly with Gwendoline and . Muriel. "Donaldson was guiltless of any evil intent towards- the girls; he might have been indiscreet and unwise, and upon acts, innocent m themselves, had arisen a. superstructure of . grave charges," said • counsel. That was. what Mr. Johnstone said

, the committee set up to look into matters had found. . Donaldson, when he went into the box, strongly alleged that Barrell had ; been hostile towards him ever since he had come to the district. Donaldson denied the suggestions that he had acted improperly towards the girls, and Mr. Johnstone left him to the cross-exeimination of Mr. Prendersiist. appearing on behalf of Barrell. Counsel touched on an occasion when Donaldson expelled a girl from the school, and asked why he had , taken this step. "She was expelled for insubordination," was the answer. Counsel: What did she when she returned to the school? Donaldson: She told me that she was going to say what she thought ' : of me. "'You are a nice schoolmaster; tickling the girls' — is that what she said?" asked Mr. Prendergast. The headmaster denied that the girl had used those words. "She said several times .that I no longer had any control over her. She

made no remarks about my conduct, he stated. "You say that one girl's evidenc about your conduct Avas a pure con coction?" asked Mr. Prendergast. "Absolutely!" was the teacher's de finite reply. ' ■ / Counsel: You sometimes have tn pirla coming round to the side of you desk? r ■ . Donaldson: Yes; pupils fr.equentl; t)l'ing tlieir exercises, for correction t< my desk. « Is it a fact that the girl Barrell cam alongside your desk?— Yes. Did you behave improperly on tha occasion? — No. . Would you also sit at Muriel's desk I suppose so; the desks were mad for two. Donaldson told the court that at the inquiry he had denied acting improperly towards the girls, and he still denied it. , "I did sometimes place my hand on their shoulders," he admitted. "Would you consider, it proper ti put your arm round the girls' waists?' asked Mr. Prendergast.. He further told the court that hi

,' "could never fathom" wHy the girls should make the statements against c him. . , ."...' ' .... „-... . Donaldson alleged that the girl he . had expelled from the school had been - largely concerned m the statements made about him by others. c He said that one girl who had given v evidence against him, later admitted that this other girl had threatened her y and made her make the statement. o ; "Barreli once told ;me that Donaldson was one of the worst teachers who c could, be m charge of the school," was .the statement made by the late chairt man of the school committee, Mr. Harding, who was called by Donaldson. c "Barrel! told me m ,'1924 that Donaldson was a 'diid' teacher- and one of the worst m. the service of the board; but he did not make any complaint of that kind to the committee," said the ex-chairman. The hearing of Donaldson's case took a whole day, and when the proceedings 0 were resumed on the second day Bar- •• rell went into the box to give his evidence m defence of the claim. c He told the court that he had lived' at Motukaraka for about nine years. ■ He had first been on the school committee Made Complaints m 1924, and m April,. 1925, he had been eiected chairman. • Barreli admitted that he had sent a message to Donaldson asking, him to cane a girl. He had complained about tne caning of his own child because she had been hit on the arms 'and .snouiders instead of on the hands, lie .said. . A definite denial that he had made a number of statements, against the teacher or had advised a man to go to the police with complaints against him was made by the dairy manager. . His daughters ' had made complaints, to; him about Donaldson, .he told the court, and he -absolutely believed the. girls; . . , '•'■'■■. '";.. In his cross-examination of Barrel!, Mr. Johnstone referred to his allegations regarding- the teacher's conduct with his daughters. "Did you think it was m the nature of an assault — an unlawful interference?" he asked. * "Yes!. I do think it was unlawful," was the .answer, Gwendoline Barreli gave, evidence as to the alleged wrongful acts of Donaldson .concerning.; herself. His .improper conduct, she further alleged, occurred when she stood at the teacher's desk and also when he san beside her at 'her own desk instructing her m her work. She had not told her parents about the teacher's behavior, she admitted. The girl alleged that the pupils did" not like Donaldson's bemivior, and they used to stand away from- his desk. That, however, according to the girl's story, did not discourage Donaldson, for she said that he then called the j girls to him, saying" that he could not i instruct them if they stood away from ■ his desk. ' ■ j Her sister, Muriel Barreli, snjcl t.lvit; Donaldson had also sat at lier desk for the purpose of correcting her work, . j Malice Proved \ and she had stood by his desk at! times. * ; Asked by. Mr. Prendergast to tell what had occurred, the girl replied that Donaldson had put his arm around her waist. ■ . . The girls had stood clear of the desk because they did not like the teacher's conduct, the girl alleged. "You liked the headmistress, Miss Eoster, didn't you, Muriel?" asked Mr. Johnstone. . . . b . The girl replied that she had been' on good terms' with Miss Foster. Further questioned, she said she had sometimes told Miss Foster . of otner happenings at the school. She had not complained to her about trio headmaster. His Honor told the jury that "Donaldson had to prove malice, and warned them that they were, to take notice of the actual evidence alone. The altitude taken by the police m the matter should not influence them, he said. The jury was absent for over three and a-half hours before returning to report that they had found Barren's words defamatory and that he was actuated by malice. .They reduced Donaldson's claim by £350, however, and his. Honor, Mi-. Justice Kennedy, entered judgment for £150 with costs.